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Court battles over National Guard troops deliver win for Chicago as Portland awaits ruling

Judge grants temporary restraining order blocking troops in Illinois
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Courts step in: In Chicago, a federal judge temporarily halted the National Guard deployment in Illinois, and no troops were seen outside the Chicago-area facility this morning. For Portland, a federal court panel is considering the issue, and Oregon’s attorney general said he expects a ruling “in the coming days.”

National Guard in Memphis: Troops were seen patrolling in Memphis with police for the first time Friday as part of a federal task force, the Associated Press reported. This deployment, backed by Tennessee’s governor though not requested by the city’s mayor, is part of a multiagency initiative to end violent street crime, officials have said.

Anti-ICE protests: Demonstrations outside ICE facilities in Portland and the Chicago suburb of Broadview have been occurring regularly. A federal judge says ICE must remove an 8-foot-high metal security fence near the Broadview facility; proposals for a process to dismantle it are due today.

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Defense Department hasn't said whether National Guard troops still are inside Chicago-area ICE facility

A law enforcement officer walks at the ICE Broadview facility in Chicago, Illinois, on Friday.

The US Department of Defense has yet to say directly whether any National Guard troops remain inside the ICE facility in Broadview, Illinois, a day after a federal judge temporarily halted a National Guard deployment to the state.

CNN on Friday asked the Department of Defense whether any National Guard troops remained inside the Broadview facility Friday, including members of the Texas National Guard seen entering it earlier in the week.

In an emailed response, the department said: “As a matter of longstanding policy, the Department does not comment on ongoing litigation.”

“The federalized National Guard personnel will remain in a federalized status; we don’t have any other details to provide at this time,” the Defense Department email reads.

The statement is identical to one the Defense Department released Thursday.

A CNN crew in Broadview did not see any National Guard troops outside the facility on Friday morning.

Before Thursday’s ruling, the Trump administration federalized National Guard troops from Texas and deployed them to Illinois, arguing the troops were needed “to protect federal property and personnel who are executing federal law.”

After being denied entry to ICE facility, Sen. Duckworth to DHS Secretary Kristi Noem: "What are you afraid of?"

Law enforcement personnel patrol atop a building outside the ICE facility in Broadview, Illinois on Friday.

Sen. Tammy Duckworth, a Democrat of Illinois, criticized the lack of access to the Immigration and Customs Enforcement facility in Broadview after she attempted to visit it Friday.

“It is appalling that two United States senators are not allowed to visit this facility,” Duckworth said from the designated protest area near the ICE facility.

She told reporters she has a question for Department of Homeland Security Kristi Noem.

The senator, who was joined by fellow Democratic Sen. Dick Durbin of Illinois, noted she doesn’t know where the Texas National Guard is currently located, following a court order temporarily blocking the troops deployment in Illinois.

US Sen. Tammy Duckworth says Trump trying to "normalize" troops in the streets

Sen. Tammy Duckworth, speaks to the media while Sen. Dick Durbin listens outside the ICE facility in Broadview, Illinois on Friday.

US Sen. Tammy Duckworth, an Iraq War veteran who served in the Illinois Army National Guard before retiring as a lieutenant colonel, slammed the Trump administration’s use of the National Guard in American cities in a Friday news conference outside the ICE detention facility in Broadview, Illinois.

Duckworth made her comments as she and a fellow Illinois Democrat, US Sen. Dick Durbin, visited an ongoing protest outside the Broadview facility.

The site is a flashpoint in the legal battle over the Trump administration’s decision to deploy the Texas National Guard to Illinois and send some to the Broadview facility. A federal judge Thursday temporarily halted the deployment, and no troops were seen outside the Chicago-area facility this morning, though some were seen entering it earlier in the week.

Duckworth said both she and Durbin tried to enter the facility Friday to “see what the conditions are, and they would not let us in.”

“You don’t run and hide if you are proud of what you’re doing. That’s what ICE is doing right now,” Duckworth said. “This is not America. This is not what this democracy is about.”

Duckworth also said she believes the Trump administration is trying to “normalize” the presence of troops on American streets.

“They are trying to normalize an extension of presidential power that is not appropriate under the Constitution,” she said.

“Our National Guard men and women are doing a fantastic job, but you know what? They signed up to be tank drivers. … They should be practicing to defend America against our enemies around the world, and that’s what they would rather be doing.”

CNN has asked the Department of Defense whether any National Guard troops remained inside the Broadview facility Friday, including those seen entering it this week. In an emailed response, the department did not answer the question directly, but said, “As a matter of longstanding policy, the Department does not comment on ongoing litigation.”

“The federalized National Guard personnel will remain in a federalized status; we don’t have any other details to provide at this time,” the Defense Department email read.

Protests continue after judge halts National Guard deployment in Illinois. Here’s the latest

Illinois state police officers stand guard on top of a building outside of the Broadview ICE facility in Broadview, Illinois, on Friday.

Protests are continuing today in Illinois after the Trump administration’s efforts to send National Guard troops to Democrat-led cities and particularly to Chicago — a city he has characterized as devastated by out-of-control violence — have been stymied by the courts.

Three court orders have gone into effect in Illinois this week, linked to the federalization of National Guard troops in the state, and the protests over immigration enforcement operations, which have been centered outside an Immigration and Customs Enforcement facility in the Chicago suburb of Broadview.

Here’s what you need to know:

  • National Guard: A federal judge has temporarily halted the Guard deployment in Illinois — just hours after members of the Texas National Guard were seen entering the ICE building in Broadview. It’s the latest obstacle in President Donald Trump’s campaign to deploy the Guard, in what he has framed as an effort to crack down on crime and protect federal immigration officers. No troops have been seen outside the facility Friday, but it’s unclear where the troops spotted Thursday are or what they’re doing now.
  • Use of force: Another judge in Illinois temporarily blocked federal agents from using certain types of force and crowd-control measures against protesters. The 14-day order includes specific protections for the press, prevents federal agents from firing various types of less-lethal projectiles and chemical irritants and from “using force, such as pulling or shoving a person to the ground, tackling, or body slamming an individual.” It stems from a complaint on behalf of multiple plaintiffs, including journalists and a pastor who was struck in the head by pepper balls while taking part in the Broadview demonstrations.
  • Metal fence set to be removed: Earlier today, a federal judge ordered federal officials to remove an 8-foot-high metal security fence on a street in front of the ICE facility in Broadview. After it was erected in September 22, the village filed suit, arguing it was installed in the middle of a public roadway without local government permission or permits.
  • Peaceful protests continue: Dozens of people gathered Friday in Broadview for a loud but peaceful demonstration near the ICE facility. Local police are monitoring the demonstrators, who are in a designated protest zone. This morning, three people were arrested for obstructing or resisting.

US Sen. Dick Durbin slams ‘political theater’ of sending Texas National Guard to Broadview ICE facility

Sen. Dick Durbin and Sen. Tammy Duckworth outside the Broadview ICE facility on Friday.

Speaking Friday outside the Broadview Immigrations, Customs and Border Patrol facility – which has become a flashpoint in the debate over the National Guard deployment –US Sen. Dick Durbin, D-Illinois, said he agreed with the federal judge who temporarily halted the Trump administration’s plans to deploy troops in the state.

“She said that the information given to the court was unreliable. It’s a point we made over and over again. This is totally unnecessary,” Durbin said of the Trump administration’s decision to deploy the Texas National Guard.

“If you want to fight crime this is … a diversion of law enforcement from what they can be doing in our neighborhoods to make them safer,” he added. “This political theater may have a lot of opportunities for television and such, but it doesn’t get the job done in fighting crime.”

Durbin made the comments while visiting the protest site outside the Broadview facility with US Sen. Tammy Duckworth, D-Illinois.

3 people arrested Friday during protests outside ICE facility near Chicago

A transportation van leaves the Broadview ICE facility as protesters stand behind barricades in Broadview, Illinois, on Friday.

Three people were arrested Friday in connection with protests outside the Immigration and Customs Enforcement facility in Broadview, Illinois, according to the Cook County Sheriff’s Office.

All three were arrested by Illinois State Police for resisting and obstructing.

Several demonstrators gathered outside the facility were also arrested last weekend.

For context: In recent weeks, the building has seen standoffs between protesters and federal agents, who have deployed tear gas and pepper balls against the crowd. On Thursday, a judge temporarily blocked federal agents from using certain types of force and crowd-control measures against protesters.

Woman shot by CBP agent indicted, will not appear in court today

CPD officers stand in front of federal officers in the Brighton Park neighborhood of Chicago, on October 4, after protesters learned federal officers shot a woman Saturday morning.

Marimar Martinez, a 30-year-old American citizen who was shot by a Customs and Border Protection agent last weekend in Chicago after she allegedly rammed a CPB vehicle, was indicted Thursday on one count of forcibly impeding, intimidating or interfering with federal agents using a “deadly and dangerous weapon.”

Martinez was scheduled to appear in court today, but the hearing was canceled following the indictment. Her attorney, Christopher Parente, told CNN he expects an arraignment to be scheduled next week.

A 21-year-old man, Anthony Ian Santos Ruiz, was indicted on the same charge as Martinez.

The Department of Justice says both Ruiz and Martinez boxed in and struck a federal government vehicle. The Department of Homeland Security previously said that CBP agent fired “defensive shots” at Martinez.

But her lawyer disputes that account. Parente said body camera footage, which he said he viewed but has not made public, shows an agent saying “Do something, b*tch” to another agent before engaging with Martinez.

“To me, that’s someone looking for a problem,” Parente said.

The video, the attorney said, shows a CBP vehicle swerving into Martinez’ vehicle — not the other way around, as the charging complaint claims. Then, “within seconds” an officer jumped out of his vehicle and fired at Martinez.

The charging complaint says a CBP agent shot at Martinez five times. Parente said she suffered five gunshot wounds.

Protesters chant outside ICE facility near Chicago as local law enforcement observes

People gathered at a designated area for protests, a block away from the Immigration and Customs Enforcement facility in Broadview, Illinois.

Several dozen protesters gathered Friday in a designated area for demonstrations outside of the Immigration and Customs Enforcement facility in Broadview, Illinois.

Some are holding signs that read, “We the People” and “We should all be ashamed.”

Throughout the morning, the group has been breaking into loud chants and occasionally jeering at vehicles as they come and go from the detention facility, but the scene remains peaceful.

Broadview police and Cook County Sheriff’s deputies are on the scene monitoring the demonstrations.

An aerial view of protesters near the Immigration and Customs Enforcement facility in Broadview, Illinois, on Friday.
Protesters are gathered near the Immigration and Customs Enforcement facility in Broadview, Illinois, on Friday.
A woman held a sign that read, "Due process is not optional" during a protests near the Immigration and Customs Enforcement facility in Broadview, Illinois.

National Guard troops seen patrolling in Memphis alongside local police

A Memphis Police Department officer patrols with members of the National Guard on Friday in Memphis, Tennessee.

National Guard troops were seen patrolling in Memphis for the first time on Friday, as part of President Donald Trump’s federal task force, which faces multiple legal challenges.

At least nine National Guard troops began their patrol at the Bass Pro Shops located at the Pyramid, an iconic landmark in Memphis.

It was unclear how many Guard members were on the ground or expected to arrive later.

During an NAACP Memphis forum on Wednesday, Memphis Police Chief Cerelyn “CJ” Davis said she hoped Guard personnel would help direct traffic and have a presence in “retail corridors,” but not be used to operate checkpoints or anything similar.

Memphis Mayor Paul Young, a Democrat, said he never requested the Guard come to Memphis. But after Trump announced the Guard’s deployment on September 15 and Republican Gov. Bill Lee agreed, Young and other officials said they wanted the task force to focus on targeting violent offenders rather than use their presence to scare, harass or intimidate the general public.

After ruling, National Guard troops absent outside Chicago area ICE facility

A police officer and members of Cook County Sheriff's Police stand guard during a protest outside the Immigration and Customs Enforcement facility in Broadview, Illinois, on Friday.

Members of the National Guard were absent Friday from outside an Immigration and Customs Enforcement facility in Broadview, Illinois, a day after a federal judge temporarily halted the Trump administration’s deployment of Guard troops in the state.

When CNN arrived at the facility Friday morning – located about 13 miles from downtown Chicago – no Guard members could be seen outside the facility or on the roof, where they’d been staged in previous days.

“We do not see a single member of the National Guard,” CNN’s Whitney Wild told Kate Bolduan from outside the facility.

Instead, local law enforcement observed as a group of protesters occasionally erupted in boos and jeers as vehicles passed.

Members of the Texas National Guard had arrived at the facility Thursday. Although they did not appear to be outside the facility today, it’s unclear where they are or if they’ve returned to an Army training base about 40 miles away, where they had been staging earlier this week.

Correction: An earlier version of this post misstated which type of personnel was absent outside the facility.

NY Times: Oklahoma governor criticizes deployment of Texas National Guard

Oklahoma Gov. Kevin Stitt speaks during an interview in Oklahoma City in February.

Republican Oklahoma Gov. Kevin Stitt criticized the deployment of the Texas National Guard into Illinois during an interview with the New York Times Thursday, saying it goes against his beliefs in states’ rights.

While he said he supports the National Guard’s mission to protect Immigration and Customs Enforcement agents, he thinks the president should have federalized the Illinois National Guard first, saying he worries about the precedent set for future presidents.

Stitt is the first Republican governor to speak out against the tactic. Oklahoma Attorney General Gentner Drummond, however, joined two filings in the Portland and Chicago cases supporting the Trump administration’s use of the National Guard.

“We believe in the federalist system — that’s states’ rights,” he told the Times. “Oklahomans would lose their mind if Pritzker in Illinois sent troops down to Oklahoma during the Biden administration.”

“As a federalist believer, one governor against another governor, I don’t think that’s the right way to approach this,” he said.

Stitt, who is also a chair for the National Governors’ Association, said he is speaking for himself and says his views don’t represent the organization. CNN has reached out to Stitt’s office for comment.

ICE ordered to remove temporary metal security fencing from Chicago-area building

Members of the Texas National Guard walk inside the perimeter of an Immigration and Customs Enforcement detention facility in Broadview, Illinois, on Wednesday.

A federal judge says Immigration and Customs Enforcement must remove the 8-foot-high metal security fence on a street in front of its building in Broadview, Illinois, which has been the site of intense protests.

The village of Broadview, a Chicago suburb, filed suit, saying the fence had been installed in the middle of a public roadway without local government permission or permits.

Todd Lyons, acting director of ICE, had blamed the situation on Broadview.

“Local inaction has enabled agitators to escalate violence and placed federal offices, first responders, and Broadview residents in harm’s way,” Lyons wrote in a letter to village officials. “If our officers were provided the support they need, the crowd control … would not be necessary.”

Hunt ordered both sides to submit a proposal by mid-afternoon Friday to determine a deadline and process to dismantle the fence, which has been in place since September 22.

Woman shot by Border Patrol officer after allegedly trying to ram them with car will appear in court today

Editor’s Note: Since this post was first published, the court record has been updated to reflect that today’s scheduled hearing for Marimar Martinez was canceled after she was indicted by a grand jury on Thursday. Her next court appearance has not yet been scheduled.

LEARN MORE: Woman shot by CBP agent indicted, will not appear in court today

Marimar Martinez, an American citizen who was shot by a Border Patrol agent in Chicago last Saturday during an altercation, will appear in court Friday to face a charge of “forcibly assaulting, impeding, and interfering with a federal law enforcement officer.”

Department of Homeland Security spokesperson Tricia McLaughlin described the shooting as “defensive” and claimed the suspect was “armed with a semi-automatic weapon.” But Martinez’s attorney, Christopher Parente, told CNN on Monday the federal agents were being provocative.

Marimar Martinez

Parente said body camera footage of the incident showed a Customs and Border Protection vehicle swerving into his client’s car, not the other way around as the charging document says. He also claimed the video shows one agent saying to another, “Do something, b**ch” before engaging with Martinez.

“To me, that’s someone looking for a problem,” he said.

Parente acknowledged Martinez had a handgun in her purse at the time of the incident but says his client – who has a concealed-carry license – did not brandish it and has no criminal record.

CNN has requested the CBP body camera video, but federal authorities have not released it. Parente is not allowed to share a copy of the video because it is covered under a protective order from the court.

In a criminal complaint, Martinez was described as part of a “convoy of civilian vehicles” that was “aggressively” following a Chevy Tahoe with three Border Patrol agents inside through Chicago streets, attempting to “box-in the CBP Vehicle.”

After the vehicle was sideswiped by Martinez, according to an FBI affidavit, a Border Patrol agent exited their SUV and fired on the car driven by Martinez five times.

Martinez drove to a repair shop a mile away, according to the complaint, and called 911. She was taken by ambulance to a local hospital, where a nurse said she was treated for gunshot wounds, the complaint states. Martinez was later released from the hospital and is free on a $10,000 bond.

CNN’s Zoe Sottile contributed to this report.

Judge limits federal tactics after video of a pastor being shot with pepper balls during protest goes viral

After video of a Chicago pastor being repeatedly shot by pepper balls during a demonstration outside of an ICE facility went viral, a federal judge granted a temporary restraining order Thursday to limit the types of force and crowd-control measures agents can use against protesters.

The judge’s order, which applies to the entire Northern District of Illinois, blocks federal agents from firing various types of less-lethal projectiles and chemical irritants and from “using force, such as pulling or shoving a person to the ground, tackling, or body slamming an individual.”

A federal immigration enforcement agent fires pepper balls at Rev. David Black as he and other protesters demonstrate at the Immigration and Customs Enforcement facility in Broadview, Illinois, on September 19.

In an interview with CNN, Rev. David Black said agents shot him in the head and the face and “multiple times” in his chest, arms and legs during a September 19 demonstration outside of an ICE facility in Broadview, Illinois.

“I was shielded by the bodies of others who were there, who rushed in to support me and took many more hits that were intended for me,” Black told CNN. “We could hear them laughing as they were shooting us from the roof … It was deeply disturbing.”

Read more about the limits placed on federal tactics

Oregon leaders await appeals court ruling after frosty reception from judges

A protestor reacts as law enforcement officers deploy smoke grenades to disperse people gathered outside the Immigration and Customs Enforcement headquarters in Portland, Oregon, on Sunday.

The future of National Guard troops now standing by for deployment in Portland, Oregon, is in the hands of a three-judge appeals panel in San Francisco, following a hearing in which the conservative majority expressed skepticism that President Trump’s orders could be constrained.

The attorney representing Oregon argued that the protests outside the Portland Immigration and Customs Enforcement facility that have been going on for months are no longer experiencing the violence cited by Trump in his original order and the current clashes can be handled by non-military means.

The appeals court did not give a timetable for when it will make a decision.

Even if the Trump administration gets the stay they are requesting, Guardsmen would still be prohibited from mobilizing in Oregon under a separate order by District Court Judge Karin Immergut, who is also a Trump appointee to the bench. But administration attorney Eric McArthur said if their appeal is successful, they will ask Immergut to immediately cancel her order, which is scheduled to expire on October 19.

CNN’s Shimon Prokupecz contributed to this report from Portland.

Memphis braces for the arrival of National Guard troops

Federal law enforcement officers walk along Beale Street in Memphis, Tennessee, on Wednesday.

As the sun rose today in Memphis, Tennessee, residents found themselves bracing for an expected surge of National Guard troops.

While it’s unclear how many troops will be deployed to the “Home of the Blues,” a website launched by city officials to keep locals informed of the “multi-agency initiative,” says the Guard will be “serving as extra ‘eyes and ears’ in our neighborhoods, assisting local, state, and federal agencies.”

A small number of troops were already stationed in the city earlier this week ahead of Friday’s larger deployment. According to the city, in the last year, homicides have fallen by 30% and overall crime is down 13%.

Chicago judge's order halts National Guard deployment, but leaves troops already there in limbo

Members of the Texas National Guard assemble at the Army Reserve Training Center in Elwood, Illinois, near Chicago on Tuesday.

The mayor of Chicago declared victory Thursday over the Trump administration’s efforts to mobilize the military in that city – at least for the next two weeks.

“This ruling is a win for the people of Chicago and the rule of law,” Mayor Brandon Johnson said in a statement after US District Court Judge April Perry blocked any National Guard troops from being deployed in Illinois until at least the end of the day on October 23.

The decision came at the end of a contentious hearing that stretched on for hours in a Chicago courtroom, with Perry – a Biden appointee – expressing strong skepticism that continuing protests outside a suburban Immigration and Customs Enforcement facility prevented federal agents from doing their jobs.

The Trump administration immediately announced it will appeal the ruling. That appeal had not been filed with the court as of Friday morning.

Unlike the judge in a similar case in Portland, Oregon, Perry did not suspend President Trump’s order federalizing hundreds of Illinois guardsmen against the wishes of the government, and the administration says there will be no change to their status.

Members of the Texas National Guard arrived at the ICE facility in Broadview, Illinois, early Thursday morning. It’s not clear if they will remain there or go back to a base 40 miles away where they were staging when they first arrived from Texas.

Illinois Attorney General Kwame Raoul declined to speculate on what would happen if the troops don’t leave the ICE facility, saying if they believe the judge’s order isn’t being followed, the state will take that up with the court. But he added the Texas troops do not have to leave the state as long as they are not mobilized.

“They’re welcome to stay at our hotels if they pay the hotel rate,” said Raoul. “They’re welcome to eat at our restaurants like any American city.”

CNN’s Bill Kirkos contributed to this report from Chicago.